Sutton v. State

ALTENBERND, Judge.

The defendants, Mr. and Mrs. Sutton, pled nolo contendere to various drug charges and reserved the right to appeal the denial of a dispositive motion to suppress evidence derived from a wiretap. We reverse because the wiretap was improperly authorized on stale evidence. The good faith exception does not allow the use of this evidence. State v. Garcia, 547 So.2d 628 (Fla.1989).

The sworn application for an order authorizing interception of communications from the defendants’ home telephone was filed on June 30, 1986, and the order authorizing interception was entered on that…